This report relates to 1 case(s)

The European Court of Justice has held that a transferee is
not bound by "dynamic" clauses in contracts of employment referring to
collective agreements negotiated after the transfer, where that transferee
cannot participate in the negotiation process.

In Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ, the ECJ held that "dynamic" clauses in contracts of employment that refer to collective agreements negotiated and adopted after the transfer are not enforceable against a transferee that has not been able to participate in the negotiating process.

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